District Justice Raps Assistant Da's Conduct

A public disagreement over the use of a court stenographer at the preliminary hearing of a slaying suspect last week has erupted into a row over the courtroom conduct of

an assistant district attorney and a private attorney.

Lehigh County District Justice John Zettlemoyer, in an April 18 letter to District Attorney William Platt, accused Assistant District Attorney Michael McIntyre of "inappropriate behavior" and "lacking in respect . . . to our judicial institutions."

"I shall not be so tolerant of similar behavior in the future," Zettlemoyer told Platt in the letter, which was also sent to President Judge John E. Backenstoe, Court Administrator Daniel P. Sabetti, Allentown attorney Richard B. Makoul and all of Lehigh County's district justices.

Makoul, who represents David Lee Yohn, one of three men charged in the Jan. 23 slaying of Andrew Kollar, claims McIntyre "impeached" his integrity by publicly calling him a "sneak."

McIntyre accused Makoul of telling his stenographer to pretend to take notes during critical testimony.

Platt, who when contacted last night said he had not seen Zettlemoyer's letter, stood by McIntyre's conduct and called Zettlemoyer's comments "inappropriate."

"I disagree totally with Mr. Zettlemoyer," Platt said.

"He (McIntyre) was responding to a situation in which there was an attempt (by Makoul) to deceive him. His response was accurate and appropriate under the circumstances. These are courts of law, not places to play games."

McIntyre said yesterday that Zettlemoyer is just angry with him for "jumping all over him" when Zettlemoyer permitted testimony that McIntyre claimed was inappropriate.

"I did not treat him (Zettlemoyer) with respect," said McIntyre, who has been a part-time assistant district attorney for nearly six years and who received accolades from several district justices contacted yesterday.

But McIntyre said that was because Zettlemoyer was wrong to allow police to testify about the alleged drugs and money they found in Kollar's Upper Milford Township house.

To Makoul, McIntyre responded, "Dick and I both know he tried to pull a fast one that day, and he got caught."

The row was sparked Tuesday when a co-defendant in the homicide case, Donald E. Lynn II, began testifying.

Lynn, in a bargain with the district attorney's office, agreed to plead guilty to third-degree murder and attempted robbery in exchange for his testimony.

After several questions, Zettlemoyer noticed that a court stenographer was not recording Lynn's testimony.

Zettlemoyer called attention to it, after which McIntyre "became upset almost immediately, first accusing Makoul of some underhanded or deceptive practice, an effort to damage the commonwealth's case," according to Zettlemoyer's letter.

McIntyre "publicly accused her (the stenographer) of being an active, knowing participant in Makoul's alleged improper activity," Zettlemoyer's letter states.

It further states that McIntyre, after being chastised by Zettlemoyer for confronting the stenographer during the hearing, accused Zettlemoyer of "interfering in his personal business and that I had no right to say anything to him while the hearing was recessed."

Makoul said he had instructed the stenographer he hired, Beth Joseph, not to record Lynn's testimony in a "strategy move. It's all part of effective representation."

"Maybe he'll (Lynn) change his mind three months from now," Makoul said. "I don't want to have that kind of testimony perpetuated."

But at the heart of the disagreement is McIntyre's claim that Joseph had her hands extended over the keys to give the appearance she was recording the testimony.

"He (Makoul) was guilty of sneaky conduct that day," said McIntyre. "He was deliberately trying to make me think he was taking down that testimony."

Makoul claims it is an "absolute lie" that he was attempting to deceive McIntyre, and Zettlemoyer said Joseph's hands were "resting on her lap."

Makoul said McIntyre never asked him to share his stenographer, something that is usually done before a hearing, and had a right touse "his" stenographer the way he wanted.

McIntyre said if he had known the stenographer didn't intend to record Lynn's testimony, he would have gotten his own stenographer.

He said he didn't ask Makoul to share the stenographer before the hearing, because Makoul always has a stenographer that he shares.

Asked what he would have done if Makoul had not hired one, McIntyre said he would have quickly asked for a recess and obtained one.

McIntyre did obtain his own stenographer during a recess called by Zettlemoyer when Joseph declined McIntyre's request to take testimony for him.